Workers (Predictable Terms and Conditions) Bill

Laura Farris Excerpts

3rd reading
Friday 24th March 2023 Commons Chamber

[Laura Farris (Newbury) (Con)]

I rise in support of the Bill, which injects important clarity about zero-hours contracts. My hon. Friend the Member for Blackpool South (Scott Benton) is correct to say that zero-hours contracts are here to stay and occupy an important role in the British labour market. They can certainly offer a degree of flexibility to students; to older workers who want complete flexibility when it comes to their hours; and to people with caring responsibilities, particularly parents. For example, one of the advantages of the bank model in the NHS, which is effectively a zero-hours contract by another name, is that people can take school holidays without having to apply to their boss and request the time off in the usual way.

I understand why zero-hours contracts are attractive, but we have to be honest: they exist in a grey zone between full employment rights and independent contractor status. We know that they have caused particular problems, which is why the Government have already legislated to ban exclusivity clauses where they applied. Some really high-profile cases about the contested grey zone, including the Uber case and the Deliveroo case, have reached the Supreme Court: are people independent contractors or workers with basic rights?

The Bill includes an inherent requirement that there be a right to request terms in the zero-hours arrangement that give some predictability. Whatever the advantages of flexible working, we know that some employers use zero-hours contracts on a quasi-exploitative basis. I have read grim stories in the newspapers, albeit not recently, of people travelling a long way by bus only to arrive at their employer’s gates and be told that there was no work for them that day. That is clearly not an acceptable situation.

The Bill would amend the Employment Rights Act 1996. Section 1 of that Act requires that within the first two weeks of employment all employers must provide an employment contract that sets out the days workers are required to work, the rate at which they will be remunerated, what they will be paid and when, what their basic duties are and what overtime they will get. At the heart of all employment relationships is the requirement that people who come to work have a basic idea of what is expected of them, how they will be paid and what they are reasonably expected to do. Even in this grey zone, with all the flexibility that I otherwise support, it cannot be right to allow a system to exist in which people have no idea from week to week and from day to day whether they will be required to work and, if so, how much.

Another important point of employment law is that, while of course it is correct that an employer can consider what it requires its members of staff to do and that it can set their duties and working hours, it does not have the unilateral right to vary the employment contract in any other context. It therefore seems to me right that, where reasonably possible, a worker should have the right to request predictability. The burden should be on the employer either to say, “Yes, we can offer you some predictability, and here is what it looks like”—something that would come pretty close to a standard contract of employment—or to say, “Such is the nature of our work that predictability is impossible in any circumstance.” That would at least give the worker the opportunity to know whether or not they could begin to plan their life around the job. That approach is a counterpoint to some of the exploitative practices that linger at the uglier end of the zero-hours contract world. For that reason, I support it, and I support this private Member’s Bill.